37 LIBERTY HILL AVENUE - ZBA l
37 Liberty Hill Ave. (R-2)
Jayne Fallis
e
�1
1
of ,ttlem, ttssttc#fuse##s
ja4 ' �Rottrb of �ufren#
March 15, 1994
YOU ARE HEREBY NOTIFIED THAT AS OF MARCH 10, 1994 THE DECISION OF
THE BOARD OF APPEAL HAS BEEN FILED IN THE OFFICE OF THE CITY CLERK TO
DENY THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT TO ALLOW
A PROFESSIONAL OFFICE, ACUPUNCTURE, AT 37 LIBERTY HILL AVENUE.
BOARD OF APPEAL
BRENDA M. SUMRALL
CLERK OF THE BOARD
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK.
Appeal from this decision, if any, shall be made pursuant to Section 17, of
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A. , Section 11, the Variance/Special Permit granted herein shall not take
effect until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed, or that, if
such appeal has been filed, that it has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of
the owner of record or is recorded and noted on the owner's Certificate of
title.
Board of Appeal
r
Ctu of lWem, 'Tttssndjusetts
i 3a y 7�
^04� Y�IIMIa O{
peal
i.;
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT AT
37 LIBERTY HILL AVE. (R-2)
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Vice Chairman;
George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina
Cohen. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to allow a professional
office (acupuncture) in this Residential Two Family District.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides as
follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and welfare
of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans. makes the
following findings of fact:
1. There was substantial neighborhood opposition.
2. There is a school in the area and the neighbors expressed concern
with the increase in traffic.
3. The proposed use would have a negative impact and would not be in
harmony with this residential neighborhood.
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL
PERMIT AT 37 LIBERTY HILL AVE. , SALEM
page two
On the basis of the above findings of fact, and on the evdenee
presented, the Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety, convenience or welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having failed
to garner the four affirmative votes required to pass, the motion to
grant fails and the petition for a Special Permit is denied.
Special Permit Denied
February 16, 1994 -�"'
Step en 0 Gra Me&r )
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the date
of filing of this decision in the office of the City Clerk. Pursuant
to MGL Chapter 40A, Section 11, the Variance or Special Permit granted
herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that 20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that it
has been dismissed or denied is recorded in the South Essex Registry
or Deeds and indexed under the name of the owner of record or is
recorded and noted on the owner's Certificate of Title.
Board of Appeal
I
Ctp of 'ttlem, 'Massadjusetts
nttra of Atr}leal
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT AT
37 LIBERTY HILL AVE. (R-2)
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Vice Chairman;
George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina
Cohen. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to allow a professional
office (acupuncture) in this Residential Two Family District.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides as
follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and welfare
of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans. makes the
following findings of fact:
1. There was substantial neighborhood opposition.
2. There is a school in the area and the neighbors expressed concern
with the increase in traffic.
3. The proposed use would have a negative impact and would not be in
harmony with this residential neighborhood.
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL
PERMIT AT 37 LIBERTY HILL AVE. , SALEM
page two
On the basis of the above findings of fact, and on the evidence
presented, the Board of Appeal concludes as follows:
1 . The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety, convenience or welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having failed
to garner the four affirmative votes required to pass, the motion to
grant fails and the petition for a Special Permit is denied.
Special Permit Denied
February 16, 1994 r�
Step en O'Grady, Memp�� �
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the date
of filing of this decision in the office of the City Clerk. Pursuant
to MGL Chapter 40A, Section 11, the Variance or Special Permit granted
herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that 20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that it
has been dismissed or denied is recorded in the South Essex Registry
or Deeds and indexed under the name of the owner of record or is
recorded and noted on the owner's Certificate of Title.
Board of Appeal
(�itn of I�ttlem, C- ussttLljusetts
io y° 7�
4 aurb of Au
peal n l it
.1,ad �1�� � •fib 1
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL PERMIT AT
37 LIBERTY HILL AVE. (R-2)
A hearing on this petition was held February 16, 1994 with the
following Board Members present: Stephen Touchette, Vice Chairman;
George Ahmed, Albert Hill, Stephen O'Grady and Associate Member Nina
Cohen. Notice of the hearing was sent to abutters and others and
notices of the hearing were properly published in the Salem Evening
News in accordance with Massachusetts General Laws Chapter 40A.
Petitioner is requesting a Special Permit to allow a professional
office (acupuncture) in this Residential Two Family District.
The provision of the Salem Zoning Ordinance which is applicable to
this request for a Special Permit is Section 5-3(j ) , which provides as
follows:
Notwithstanding anything to the contrary appearing in this Ordinance,
the Board of Appeal may, in accordance with the procedure and
conditions set forth in Sections 8-6 and 9-4, grant Special Permits
for alterations and reconstruction of nonconforming structures, and
for changes, enlargement, extension or expansion of nonconforming
lots, land, structures, and uses, provided, however, that such change,
extension, enlargement or expansion shall not be substantially more
detrimental than the existing nonconforming use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be
granted upon a finding by the Board that the grant of the Special
Permit will promote the public health, safety, convenience and welfare
of the City's inhabitants .
The Board of Appeal, after careful consideration of the evidence
presented at the hearing and after viewing the plans. makes the
following findings of fact:
1. There was substantial neighborhood opposition.
2. There is a school in the area and the neighbors expressed concern
with the increase in traffic.
3. The proposed use would have a negative impact and would not be in
harmony with this residential neighborhood.
DECISION ON THE PETITION OF JAYNE L. FALLIS FOR A SPECIAL
PERMIT AT 37 LIBERTY HILL AVE. , SALEM
page two
IU j
.. i:i J U` (
On the basis of the above findings of fact, and on the evi:dende
presented, the Board of Appeal concludes as follows:
1. The relief requested cannot be granted without substantial
detriment to the public good or without nullifying and substantially
derogating from the intent of the district or the purpose of the
ordinance.
2. The granting of the Special Permit requested will not be in
harmony with the neighborhood and will not promote the public health,
safety, convenience or welfare of the City's inhabitants.
Therefore, the Zoning Board of Appeal voted unanimously, 0-5 in
opposition to the motion to grant the relief requested. Having failed
to garner the four affirmative votes required to pass, the motion to
grant fails and the petition for a Special Permit is denied.
Special Permit Denied
February 16, 1994
Step en Memb�� /
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE
CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section
17 of MGL Chapter 40A and shall be filed within 20 days after the date
of filing of this decision in the office of the City Clerk. Pursuant
to MGL Chapter 40A, Section 11, the Variance or Special Permit granted
herein shall not take effect until a copy of the decision, bearing the
certification of the City Clerk that 20 days have elapsed and no
appeal has been filed, or that, if such appeal has been filed, that it
has been dismissed or denied is recorded in the South Essex Registry
or Deeds and indexed under the name of the owner of record or is
recorded and noted on the owner's Certificate of Title.
Board of Appeal
DATE OF
PETITIONER �y
ACTION: TO GRANT SECOND
G
TO DENY SECOND
TO RE-HEAR SECOND
LEAVE TO WITHDRAW SECOND
70 CONTINUE SECOND
POLL CALL PRESENT GRANT DENY
WITHDRAW RE-HEAR CONTINUE
STEPHEN O'GRAOY
GEORGE A. AHMED
FRAS Tf_n7TArTSH /
ALBERT C. HILL
STEPHEN TOUCHETTE
ASSOCIATE !EMBERS /
NINA V. COHEN
A�U L��.f� GIIUt✓�
CONDITIONS:
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . .. .
Q14 of %Ipm, Aussar4use"s
., nttrL rrf Appizd
a an itable intere t accordance with Tµrcha e &
TO THE BOARD OF APPEALS: rile Arenent of_ even cslate ettaeen Jane Fallls an
?Arthur-J. and Helen B. Water In
"he Undersigned representsthat shS Me =0kecowneascadca certain parcel of land located
at NO. . . . . . . . . .aZ.>;ibertr .Hill Avenue . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zon 34• District. . . . . .
. . . .132. (2-FanlilY,Besidential). . . . ; and saiq, ,a iS affected by Section(s) . .(A)2;, SeetiOAV(B)3,
of the�et#� c# � $tti Fode. Sneclal Permit Uses,' ;SectiOn IX(D)"Special Permits
as en r lnalsce Aonrove ae
Section VdBJI.a. "Professional Offices and other
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
.accordance with Section IX A. 1 of the Zoning Ordinance.
1 . Request for Special Permit to have professional office for treatment
of patients for acupuncture involving the use of a room or rooms in
the dwelling house not utilizing more than 250" of the gross floor
area of the dwelling unit
2 . To extend driveway to provide additional off-street parking spaces
AAA
t
The dpplica,.,g- iog!wor Permit was denied by the Inspector of Buildings for thefollovMng
C3 c;N
_Z; ti
co THh$ IS,A DIRECT APPEAL ARID REQUEST FOR SPECIAL PERMIT
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
" Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Petitioner is the prospective purchaser of the subject propert- contingent
upon the granting by this Board of a Special Permit to practice the
profession of acupuncture as a professional office in accordance with
Sections VIA) 2; Section V(B) 3, Section IX (D) and. Section V(B) l .a.
Petitioner is a professional acupuncturist and registered nurse and will
maintain an office for acupuncture treatment of patients and will dompiv
with Section V(B) 1. .a. Petitioner wishes to provide additional off-street .
parking on ;+remises by extending existing driveway and placing driveway on
left side of the house for existing unit .
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. . . . . . . . . . . . _ . . . . . . . . . . . . .
Petitioner. / - Il.s . I 016. r . .
�,
Address. . . . ,_ O. Box 1260
January 26, 1994 hIarbTe:iea$; �I'1A .a 4
Date. . . . . . . . . . .-. 617-561-9622
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertisina in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
NO....................................
PETITION 40 BOARD nF APPEALS
LOCATION
...............................................................
..........................................
ADDRESS............_.................................
................................................
CONDH IONS
.......................... . ....................................
... ............. .... .............
.......................................... .....................
.................................................................
......................... .......................................
.................................................................
PETITION APPROVED.................... ❑
DENIED......................... 0
............................. ...................... 19.........
CITY OF SALEM
.3OARD OF APPEAL '
745-9595 Ext
Will hold a Public hearing for all persons inter-
ested in the petition submitted by JAY NE L.FAL-
LIS for a special permit to allow professional of
(acupuncture)at 37 LIBERTY HILL ficeAVE.(R-2).
Said hearing to be held WEDNESDAY, FEB-
RUARY 16, 1994, AT 6:00 P.M., ONE SALEitii
GREEN, second jtnor.
FRANCIS,7f. GREALISH, JR., Chairman
February 2, 9, 1994
SN38642
~ay,- Sept. 149 1992 `
��n
CITY OF SALEM
`_BOARD OF APPEAL
'745-9595 Ext. 381
Will hold a public hearing for all persons inter-
ested in the petition submitted by JAYNE L.FAL-
LIS fora special permit to allow professional office
(acupuncture)at 37 LIBERTY H1LL AVE.(R-2),
Said hearing to beheld WEDNESDAY, FEB-
RUARY 16, 1994, AT 6:00 P.M., ONE SALEM
GREEN, second taoor.
FRANCISiK. GREALISH, JR., Chairman
February 2, 9, 1994
SN38642
`ay, Sept.-14, 1992
31992 nit.-S
CITY OF SALEM
.POARD OF APPEAL
.745-9595 Ext
Will hold a Public hear ngfor all persons inter-
ested
ISf in the petition submitted by JAYNE L.FAL-
cu r a special permit to allow professional office
(acupuncture)to 37 LIBERTY HILL AVE.(R-2).
Said hearing to , held WEDNESDAY, FEB-
RUARY 16, 1994, AT 6:00 ALI ONE SALEM
GREEN, second poor. _
FRANCIS,7{. GREALISHI JR., Chairman
February 2, 9, 1994
SN38642
M-�v�v
ay, Sept. 14, 1992
APPEAL CASE NO. . . . . . . . . . . . . . . . . . . . . . . .
16
di#u of _ Irm, 'ffla95a 6 e##s
pearb of:APPett14
-G
ha an epuitable intere t accordance with "prcha e &
TO THE BOARD OF APPEALS: alse Agreenent of even date e caeen Jame Fallrs h
Arthur"J. and Helen e Id'ate �n
he Undersigned represents that sh an
�S :We :bbocoeoeasc A certain parcel of land located
at NO. . . . . . . . . ..7.U.)erty.11M .Avenue . . . . . . . . . . . . . . . . . . . .. . . . .Street; Zoning District. . . . . .
B2. (2-Eamily.Pesidentiall . . . ; and said, arcei is affected by Section(s) (Al? . �tiop V(B)3,
of the ��}}j S�nec, Permit Uses,' ;Section IX(D)"Special Permits";
ZM� �c�nrove5 id Section V�B�I .a. "Professional Offices and other
as eniorne Occunatr n
Plans describing the work proposed, have been submitted to the Inspector of Buildings in
.accordance with Section IX A. 1 of the Zoning Ordinance.
1 . Request for Special Permit to have professional office for treatment
of patients for acupuncture involving the use of a room or rooms in
the dwelling house not utilizing more than 25% of the gross floor
area of the dwelling unit
2 . To extend driveway to provide additional off-street parking spaces
rt >w
The gpplicaM on"'fdr Permit was denied by the Inspector of Buildings for the 'foilowifig
reasons: r, b T
�.y U1 n
THIS IS A DIRECT APPEAL AND REQUEST FOR SPECIAL PERMIT
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem
Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to
approve the application fee permit to build as filed, as the enforcement of said
Zoning By-Laws and Building Code would involve practical difficulty or unnecessary
hardship to the Undersigned and relief may be granted without substantially dero-
gating from the intent and purpose of the Zoning Ordinance and Building Code for
the following reasons:
Petitioner is the prospective purchaser of the subject property contingent
upon the granting by this Board of a Special Permit to practice the
profession of acupuncture as a nrofessional office in accordance with
Sections V (A) 2; Section V(B) 3, Section IX (D) and. Section V(B) l .a.
Petitioner is a professional acupuncturist and registered nurse and will
maintain an office for acupuncture treatment of natients and will domnly
with Section V(B) l. .a. Petitioner wishes to provide additional off-street ,
parking on premises by extending existing driveway and placing driveway on
left side of the house for existing unit.
Owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Telephone. . . . . . . . . . . . _ . . . . . . . . . . . . .
Petitioner. . . . . .
Address. . . . •0. Box 1260
January 26, 1994 4arbl'e iea�l'; 'f�A 6194
Date. . . . . . . . . . . . 617-581-9822
Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
By. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Three copies of the application must be filed with the Secretary of the Board of
Appeals with a check, for advertisina in the amount of. . . . . . . . . . . . . . . . . . . . . . . . . .
four weeks prior to the meeting of the Board of Appeals. Check payable to The
Evening News.
�
'
�
'
^
NO--.--------..
P5TlTION T0BOARD 0FAPPEALS
|{)[AT|0N
��������������� ..............
�
}?]7TK)N[R....... ..................................
ADDRESS;..----------.'-`,'
................................................ �
�
'
C0ND)l!0NS
......,,'......`..... ................ ....... ...........
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....................... .............. ---' --,^'
...........................................................
-`^-'^~'~`---------~~^'
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-'`-'---------^-..--,-' `
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�
PETITION APPROVED....................
�~�
D5N|ED-------.. [~�
.............. ..................................... 7Y.........
�
� �
BOARD OF ASSESSORS
ciTY HALL 'PAGE:
---- ---- -----
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